Discussion Forum: Thread 290796

 Author: bigasbricks View Messages Posted By bigasbricks
 Posted: Jun 2, 2021 20:11
 Subject: (Cancelled)
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 Topic: Help
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bigasbricks (13708)

Location:  USA, Michigan
Member Since Contact Type Status
Feb 16, 2015 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: bigasbricks
(Cancelled)
 Author: cosmicray View Messages Posted By cosmicray
 Posted: Jun 2, 2021 20:24
 Subject: Re: HELP DESK ANYONE!!! Buyer Tax Evasion STILL
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cosmicray (3492)

Location:  USA, Florida
Member Since Contact Type Status Collage
Oct 1, 2000 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
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Store: Cosmic Toys
In Help, bigasbricks writes:
  Still no response or help from Bricklink help desk from message posted May 26,
2021

I have a buyer actively engaging in tax evasion and they are putting me in a
very uncomfortable spot.

Original Post:
https://www.bricklink.com/messageThread.asp?ID=290401&nID=1273254

They have twice paid outside of Bricklink using a Georgia address ad their Bricklink
address is New Hampshire (our terms state onsite only) and are saying to go ahead
and ship to Georgia (their business)and they are admitting they used a New Hampshire
address to get around the system for paying taxes. The buyer is justifying this
behavior as ok since their "accountant" says its okay and since they say Bricklinks
non response to their inquires make this okay. Why do myself and others play
by the rules for purchases( no tax exempt certs) but this buyer opening commits
this act? I'm now almost $20 into PayPal fees I can't recoup

I open an NPB and the buyer sends payment outside of Bricklink and marks paid
again to drop the NPB.

I am getting really tired of buyers pulling this crap it's a waste of time
for me and everyone involved.

BRICKLINK PLEASE HELP!!!!!!

Your terms may say onsite only, but how are they able to create an order without
simultaneous payment ? You could stop this by implementing IC.

You can stop list the buyer, then OCR the order, and let the chips fall where
they fall. If they are behaving in violation of your Terms, I believe that is
a valid reason for OCR.

Nita Rae
 Author: bigasbricks View Messages Posted By bigasbricks
 Posted: Jun 2, 2021 20:29
 Subject: (Cancelled)
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bigasbricks (13708)

Location:  USA, Michigan
Member Since Contact Type Status
Feb 16, 2015 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: bigasbricks
(Cancelled)
 Author: bigasbricks View Messages Posted By bigasbricks
 Posted: Jun 2, 2021 21:00
 Subject: (Cancelled)
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bigasbricks (13708)

Location:  USA, Michigan
Member Since Contact Type Status
Feb 16, 2015 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: bigasbricks
(Cancelled)
 Author: MrPetovan View Messages Posted By MrPetovan
 Posted: Jun 2, 2021 20:24
 Subject: Re: HELP DESK ANYONE!!! Buyer Tax Evasion STILL
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MrPetovan (932)

Location:  USA, New York
Member Since Contact Type Status
Jun 2, 2019 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: MrPetovan's Clearance Sale
I understand your concern but I don't believe it is founded. It isn't
forbidden to have a different shipping address from a billing address, and ultimately
the problem is between this buyer and their home state. I don't believe either
Bricklink nor, more importantly, you, can be liable based on the information
you were provided.

You did everything you could, you reported this buyer to the help desk which
is notoriously slow to respond to requests, and it doesn't impact your bottom
line either since it's money you wouldn't have earned anyway.

So I would go ahead with any of their orders as usual, this shouldn't be
your problem anymore.

In Help, bigasbricks writes:
  Still no response or help from Bricklink help desk from message posted May 26,
2021

I have a buyer actively engaging in tax evasion and they are putting me in a
very uncomfortable spot.

Original Post:
https://www.bricklink.com/messageThread.asp?ID=290401&nID=1273254

They have twice paid outside of Bricklink using a Georgia address ad their Bricklink
address is New Hampshire (our terms state onsite only) and are saying to go ahead
and ship to Georgia (their business)and they are admitting they used a New Hampshire
address to get around the system for paying taxes. The buyer is justifying this
behavior as ok since their "accountant" says its okay and since they say Bricklinks
non response to their inquires make this okay. Why do myself and others play
by the rules for purchases( no tax exempt certs) but this buyer opening commits
this act? I'm now almost $20 into PayPal fees I can't recoup

I open an NPB and the buyer sends payment outside of Bricklink and marks paid
again to drop the NPB.

I am getting really tired of buyers pulling this crap it's a waste of time
for me and everyone involved.

BRICKLINK PLEASE HELP!!!!!!
 Author: LegoLDK View Messages Posted By LegoLDK
 Posted: Jun 3, 2021 05:27
 Subject: Re: HELP DESK ANYONE!!! Buyer Tax Evasion STILL
 Viewed: 52 times
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LegoLDK (32)

Location:  United Kingdom, England
Member Since Contact Type Status
Nov 13, 2020 Contact Member Buyer
Buying Privileges - OK
In Help, MrPetovan writes:
  I don't believe either Bricklink nor, more importantly, you, can be liable based on the information you were provided.
In Help, bigasbricks writes:
  they are admitting they used a New Hampshire address to get around the system for paying taxes.

So the seller tells you the buyer has openly admitted to trying to evade sales
tax and from that you conclude neither the seller nor Bricklink can be liable
if they proceed with the transaction?

I can recommend some good Financial Crime training modules for you.
 Author: MrPetovan View Messages Posted By MrPetovan
 Posted: Jun 3, 2021 05:55
 Subject: Re: HELP DESK ANYONE!!! Buyer Tax Evasion STILL
 Viewed: 52 times
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MrPetovan (932)

Location:  USA, New York
Member Since Contact Type Status
Jun 2, 2019 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: MrPetovan's Clearance Sale
I believe this “admission” is worth squat, but even if it wasn’t, neither BrickLink
nor individual sellers are responsible for tax evasion enforcement. Based on
the provided billing and shipping addresses, sales tax can’t be charged and the
sale can’t be denied.

This buyer can still be reported to their probable home state’s financial law
enforcement agency, but there’s nothing the seller can or should do to prevent
the sale from happening. BrickLink could close the seller account for any reason,
but speed isn’t of the essence.

In Help, LegoLDK writes:
  So the seller tells you the buyer has openly admitted to trying to evade sales
tax and from that you conclude neither the seller nor Bricklink can be liable
if they proceed with the transaction?

I can recommend some good Financial Crime training modules for you.
 Author: LegoLDK View Messages Posted By LegoLDK
 Posted: Jun 3, 2021 06:54
 Subject: Re: HELP DESK ANYONE!!! Buyer Tax Evasion STILL
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LegoLDK (32)

Location:  United Kingdom, England
Member Since Contact Type Status
Nov 13, 2020 Contact Member Buyer
Buying Privileges - OK
Enforcement and liability are not even close to the same thing, conflating them
does not improve your argument. If you are aware that your customer is actively
attempting to evade tax and you knowingly facilitate that evasion you may well
find yourself carrying a liability.

Feel free to believe what you will, it is a free world after all. The OP should
probably take legal and/or tax advice from sources other than internet chat forums
(forii??).


In Help, MrPetovan writes:
  I believe this “admission” is worth squat, but even if it wasn’t, neither BrickLink
nor individual sellers are responsible for tax evasion enforcement. Based on
the provided billing and shipping addresses, sales tax can’t be charged and the
sale can’t be denied.
 Author: bigasbricks View Messages Posted By bigasbricks
 Posted: Jun 3, 2021 07:45
 Subject: Re: HELP DESK ANYONE!!! Buyer Tax Evasion STILL
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bigasbricks (13708)

Location:  USA, Michigan
Member Since Contact Type Status
Feb 16, 2015 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: bigasbricks
The post was to hopefully get the attention of someone at Bricklink to respond.
It is common for the HelpDesk or a representative to reach out after a forum
post. There are always a few armchair quarterbacks though LOL

In Help, LegoLDK writes:
  Enforcement and liability are not even close to the same thing, conflating them
does not improve your argument. If you are aware that your customer is actively
attempting to evade tax and you knowingly facilitate that evasion you may well
find yourself carrying a liability.

Feel free to believe what you will, it is a free world after all. The OP should
probably take legal and/or tax advice from sources other than internet chat forums
(forii??).


In Help, MrPetovan writes:
  I believe this “admission” is worth squat, but even if it wasn’t, neither BrickLink
nor individual sellers are responsible for tax evasion enforcement. Based on
the provided billing and shipping addresses, sales tax can’t be charged and the
sale can’t be denied.
 Author: MrPetovan View Messages Posted By MrPetovan
 Posted: Jun 3, 2021 09:36
 Subject: Re: HELP DESK ANYONE!!! Buyer Tax Evasion STILL
 Viewed: 45 times
 Topic: Help
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MrPetovan (932)

Location:  USA, New York
Member Since Contact Type Status
Jun 2, 2019 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: MrPetovan's Clearance Sale
I hope you get an answer from the Help Desk, in any case with On-site Paypal
it isn’t your prerogative to collect Sales tax but BrickLink’s. I believe the
reporting you did was good, but hampering the sale itself was unnecessary.


In Help, bigasbricks writes:
  The post was to hopefully get the attention of someone at Bricklink to respond.
It is common for the HelpDesk or a representative to reach out after a forum
post. There are always a few armchair quarterbacks though LOL

In Help, LegoLDK writes:
  Enforcement and liability are not even close to the same thing, conflating them
does not improve your argument. If you are aware that your customer is actively
attempting to evade tax and you knowingly facilitate that evasion you may well
find yourself carrying a liability.

Feel free to believe what you will, it is a free world after all. The OP should
probably take legal and/or tax advice from sources other than internet chat forums
(forii??).


In Help, MrPetovan writes:
  I believe this “admission” is worth squat, but even if it wasn’t, neither BrickLink
nor individual sellers are responsible for tax evasion enforcement. Based on
the provided billing and shipping addresses, sales tax can’t be charged and the
sale can’t be denied.
 Author: MrPetovan View Messages Posted By MrPetovan
 Posted: Jun 3, 2021 09:39
 Subject: Re: HELP DESK ANYONE!!! Buyer Tax Evasion STILL
 Viewed: 58 times
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MrPetovan (932)

Location:  USA, New York
Member Since Contact Type Status
Jun 2, 2019 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: MrPetovan's Clearance Sale
So you know exactly as much about this issue as me, at least it is comforting
to be around peers. 😄

In Help, LegoLDK writes:
  Enforcement and liability are not even close to the same thing, conflating them
does not improve your argument. If you are aware that your customer is actively
attempting to evade tax and you knowingly facilitate that evasion you may well
find yourself carrying a liability.

Feel free to believe what you will, it is a free world after all. The OP should
probably take legal and/or tax advice from sources other than internet chat forums
(forii??).
 Author: LegoLDK View Messages Posted By LegoLDK
 Posted: Jun 3, 2021 11:22
 Subject: Re: HELP DESK ANYONE!!! Buyer Tax Evasion STILL
 Viewed: 56 times
 Topic: Help
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LegoLDK (32)

Location:  United Kingdom, England
Member Since Contact Type Status
Nov 13, 2020 Contact Member Buyer
Buying Privileges - OK
Ummm no, but like I say believe what you will. Keep scatter gunning the forum
with your beliefs and the law of averages says you'll be right occasionally.

In Help, MrPetovan writes:
  So you know exactly as much about this issue as me, at least it is comforting
to be around peers. 😄

In Help, LegoLDK writes:
  Enforcement and liability are not even close to the same thing, conflating them
does not improve your argument. If you are aware that your customer is actively
attempting to evade tax and you knowingly facilitate that evasion you may well
find yourself carrying a liability.

Feel free to believe what you will, it is a free world after all. The OP should
probably take legal and/or tax advice from sources other than internet chat forums
(forii??).